Tuesday, December 1, 2015

“Imperial Blue” won ‪legal‬ battle over “Imperial Gold” Trademark

In 2010, an order passed by the Intellectual Property Appellate Board (‪IPAB‬), in, an application filed by the respondent (Pernod Richard S.A) under the Trade Marks Act, 1999 for removal of the petitioner's trade mark 'Rhizome's ‪IMPERIAL‬ GOLD' registered under No.1161682 in class 33, from the Register of ‪Trade‬ Marks. The IPAB allowed the application filed by the respondent and ordered for the removal of the said trade mark from the register.

In 2012, an order passed by a Division Bench of Madras High Court, allowed a ‪‎Writ‬‪‎Petition‬ and set aside the order passed by the IPAB.

Respondent filed an appeal to the Hon’ble Supreme Court. The Hon’ble Supreme Court by order dated 02.09.2014, allowed the appeal, set aside the order of division bench of Madras High Court and restored Writ Petition to the file Madras High court for fresh hearing and disposal.

As per the recent order dated Nov 2015, the Madras High Court has‪ UPHELD‬Intellectual Property Appellate Board (IPAB) order for removal of trademark Rhizome’s Imperial Gold for whisky, owned by Andhra Pradesh-based Rhizome Distilleries, from the trademark registry.